Bush Would Let Secret Court Sift Wiretap Process - New York Times

Bush Would Let Secret Court Sift Wiretap Process - New York Times: "After months of resistance, the White House agreed Thursday to allow a secret intelligence court to review the legality of the National Security Agency’s program to conduct wiretaps without warrants on Americans suspected of having ties to terrorists.

If approved by Congress, the deal would put the court, the Foreign Intelligence Surveillance Court, in the unusual position of deciding whether the wiretapping program is a legitimate use of the president’s power to fight terrorism. The aim of the plan, Attorney General Alberto R. Gonzales told reporters, would be to “test the constitutionality” of the program.

The plan, brokered over the last three weeks in negotiations between Senator Arlen Specter and senior White House officials, including President Bush himself, would apparently leave the secretive intelligence court free to consider the case in closed proceedings, without the kind of briefs and oral arguments that are usually part of federal court consideration of constitutional issues. The court’s ruling in the matter could also remain secret.

The court would be able to determine whether the program is “reasonably designed” to focus on the communications of actual terrorism suspects and people in the United States who communicate with them. That determination is now left entirely in the hands of the security agency under an internal checklist.

If the court were to rule the program unconstitutional, the attorney general could refine and resubmit it or, conversely, appeal the decision to the FISA appellate court and ultimately perhaps the Supreme Court, officials said."